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PIONEER TRUST CO. v. HEALY

No. 97119; CA 10572.

589 P.2d 1128 (1979)

38 Or.App. 93

PIONEER TRUST COMPANY, an Oregon Banking Corporation, Respondent, v. Frank J. HEALY, Corporation Commissioner State of Oregon, First California Company Incorporated, a California Corporation, American Insurance Company, a California Corporation, Insurance Company of North America, a Pennsylvania Corporation, United States National Bank of Oregon, a National Banking Corporation, Buckbee Thorne & Co., a California Corporation, Ernest Robertson, Asa Lewelling, Mrs. A.C.F. Perry, Vincent Jorgenson, Dorothy M. Reeder, Mrs. Loeta Gies, Mrs. Bertha Thomas Scellars, Leonard Seifer, Martha Seifer, Marens Maltby, M.D., Winfield H. Needham, M.D., M.J. Coen, and Also All Other Persons or Parties Unknown Claiming Any Right, Title or Interest in the Personal Property Described in the Complaint Herein, Respondents, Herbert C. Hardy, John H. Buttler, Donald W. McEwen, Robert L. Weiss, Jonathan U. Newman, John R. Faust, Jr., Joseph J. Hanna, Jr., Dean P. Gisvold, George C. Reinmiller, Robert D. Rankin, a Partnership, d/b/a Hardy, Buttler, McEwen, Weiss & Newman, Attorneys at Law, Appellants.

Court of Appeals of Oregon.

Decided January 29, 1979.

Attorney(s) appearing for the Case

Janice M. Stewart, Portland, argued the cause and filed the briefs for appellants.

James N. Westwood, Portland, argued the cause for respondent Asa Lewelling. With him on the brief were Miller, Anderson, Nash, Yerke & Wiener, Clifford N. Carlsen, Jr., and John R. Bakkensen, Portland.

No appearance for respondent Pioneer Trust Co., an Oregon banking corporation.

No appearance for respondents Frank J. Healy, Corp. Com'r, State of Oregon; First California Co. Inc., a California corp; American Ins. Co., a California Corp. Ins. Co. of North America, a Pennsylvania Corp.; United States Nat. Bank of Oregon, a national banking corp.; Buckbee Thorne & Co., a California Corp.; Ernest Robertson; Mrs. A.C.F. Perry; Vincent Jorgenson; Dorothy M. Reeder, Mrs. Loeta Gies; Mrs. Bertha Thomas Scellars; Leonard Seifer; Martha Seifer; Marens Maltby, M.D.; Winfield H. Needham, M.D.; M.J. Coen; and also all other persons or parties unknown claiming any right, title or interest in the personal property described in the complaint herein.

Before SCWAB, C.J., and RICHARDSON and JOSEPH, JJ.

SCHWAB, Chief Judge.

Appellants are partners in a Portland law firm (law firm). They appeal from a summary judgment awarding the entire balance of a fund, which was deposited with plaintiff Pioneer Trust Company, to the defendant Lewelling. The law firm contends that it had a right superior to Lewelling's to part of the fund. We affirm.

In 1973, the defendant First California Company (FCC) was a registered broker-dealer under the provisions of ORS ch. 59....

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